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(영문) 대전지방법원논산지원 2016.05.04 2015가합120

부당이득금반환 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are those engaged in the manufacture and sale of motor vehicle parts, and C Co., Ltd. (hereinafter “C”) have factories in Bupyeong (30 workers) and Seosan (90 workers) as those engaged in the motor vehicle parts manufacturing business.

The defendant is a worker belonging to the main production plant C.

B. The Plaintiffs entered into a contract with C with the content that “The gold-type owned by the Plaintiffs is lent to C, and C manufactures and supplies automobile parts using the gold-type.”

C Under each contract, upon receiving a penalty from the plaintiffs, it has been kept in an innate factory and Yasan Factory and manufactured parts.

C. On March 2015, C: (a) the first default of payment on March 2015, which occurred; (b) the representative (representative D) was locked; (c) around that time, the total of KRW 700 million was unpaid for four months of the workers of the rice plant.

C When suspending the production of parts, the Plaintiffs found in the rice plant on March 10, 2015, and demanded the removal of gold and parts produced by the Plaintiffs.

Accordingly, E Executive Director and workers, who are the general manager of the rice plant, demanded payment of C's outstanding amounts of KRW 159,532,360 and overdue wages.

Around that time, the defendant would act as a representative of workers at the request of the workers of the rice plant.

After consultation with the plaintiffs on the issue of withdrawal of gold, overdue wages, and payment of outstanding amount, the defendant and the managing director first allowed the plaintiffs to collect some finished products in the rice plant. D.

On March 11, 2015, E drafted a power of attorney to the Defendant that “assumptive acts related to all payments, such as C’s material costs and gold bags, and to delegate matters related to gold and products under custody, to the Defendant.”

On the same day, the Defendant agreed that the Plaintiff would pay KRW 280 million to the Defendant as a representative of workers at the end of consultation with the Plaintiffs (hereinafter “instant agreement”). On the same day, around 10:00-11:00 on the same day.